Sen. Jim Oberweis

Filed: 3/1/2017

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 951

2    AMENDMENT NO. ______. Amend Senate Bill 951 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Administrative Procedure Act is
5amended by changing Sections 10-25 and 10-50 and by adding
6Section 10-75 as follows:
 
7    (5 ILCS 100/10-25)  (from Ch. 127, par. 1010-25)
8    Sec. 10-25. Contested cases; notice; hearing.
9    (a) In a contested case, all parties shall be afforded an
10opportunity for a hearing after reasonable notice. The notice
11shall be served personally, served or by certified or
12registered mail, served by electronic mail, or served as
13otherwise provided by law upon the parties or their agents
14appointed to receive service of process and shall include the
15following:
16        (1) A statement of the time, place, and nature of the

 

 

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1    hearing.
2        (2) A statement of the legal authority and jurisdiction
3    under which the hearing is to be held.
4        (3) A reference to the particular Sections of the
5    substantive and procedural statutes and rules involved.
6        (4) Except where a more detailed statement is otherwise
7    provided for by law, a short and plain statement of the
8    matters asserted, the consequences of a failure to respond,
9    and the official file or other reference number.
10        (5) The names and mailing addresses of the
11    administrative law judge, all parties, and all other
12    persons to whom the agency gives notice of the hearing
13    unless otherwise confidential by law.
14    (b) An opportunity shall be afforded all parties to be
15represented by legal counsel and to respond and present
16evidence and argument.
17    (c) Unless precluded by law, disposition may be made of any
18contested case by stipulation, agreed settlement, consent
19order, or default.
20(Source: P.A. 87-823.)
 
21    (5 ILCS 100/10-50)  (from Ch. 127, par. 1010-50)
22    Sec. 10-50. Decisions and orders.
23    (a) A final decision or order adverse to a party (other
24than the agency) in a contested case shall be in writing or
25stated in the record. A final decision shall include findings

 

 

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1of fact and conclusions of law, separately stated. Findings of
2fact, if set forth in statutory language, shall be accompanied
3by a concise and explicit statement of the underlying facts
4supporting the findings. If, in accordance with agency rules, a
5party submitted proposed findings of fact, the decision shall
6include a ruling upon each proposed finding. Parties or their
7agents appointed to receive service of process shall be
8notified either personally, or by registered or certified mail,
9or by electronic mail of any decision or order. Upon request a
10copy of the decision or order shall be delivered or mailed
11forthwith to each party and to his attorney of record.
12    (b) All agency orders shall specify whether they are final
13and subject to the Administrative Review Law.
14    (c) A decision by any agency in a contested case under this
15Act shall be void unless the proceedings are conducted in
16compliance with the provisions of this Act relating to
17contested cases, except to the extent those provisions are
18waived under Section 10-70 and except to the extent the agency
19has adopted its own rules for contested cases as authorized in
20Section 1-5.
21(Source: P.A. 92-16, eff. 6-28-01.)
 
22    (5 ILCS 100/10-75 new)
23    Sec. 10-75. Service by electronic mail.
24    (a) An agency may require all attorneys to designate an
25electronic mail address to which all documents required under

 

 

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1Sections 10-25 and 10-50 may be transmitted. If required to
2designate an electronic mail address, an attorney must
3designate one primary electronic mail address, and may
4designate no more than 2 secondary electronic mail addresses.
5    (b) An agency may request, but not require, unless
6otherwise required by law, an unrepresented party to designate
7an electronic mail address to which all documents required
8under Sections 10-25 and 10-50 may be transmitted. An agency
9may by rule make electronic mail the default option for service
10of documents.
11    (c) Service by electronic mail is complete on the first
12business day following transmission.".